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2014 Supreme(Bom) 907

G.S.KULKARNI
Syndicate Bank a Nationalised Bank – Appellant
Versus
Vinod Kumar Amin – Respondent


Advocates Appeared:
For the Petitioner:Atul G. Damle i/b. Piyush Shah, Advocates.
For the Respondent:R.D. Bhatt, Advocate.

Judgment

1. By this petition under Article 226 of the Constitution of India, the Petitioner a nationalised bank challenges the Part-I Award dated 28.5.2003 and the Part-II Award dated 7.9.2010 passed by the Presiding Officer, Central Government Industrial Tribunal no.2 in Reference No.CGIT-2/31 of 2001. By the impugned Award the Central Government Industrial Tribunal (for short “Industrial Tribunal”) has directed reinstatement of the Respondent-workman on the post on which he was last working viz. of a clerk and has awarded continuity of service with full back wages.

The facts in nutshell are as under:-

2. The Respondent-workman had joined services of the Petitioner in the year 1977 as a clerk and worked on the said post discharging duties as a clerk-cum-typist for 22 years. In the course of his employment in Mumbai, he was posted at several branches of the Petitioner. He was an active member of the Union and also a Committee member. There was some incident which had taken place between the employee's Union and the Officer's Association when the Respondent was posted at Khar branch. As the Respondent was a committee member, several office bearers of the Officers' Association had held































































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